Yocum v. Smith
Illinois Supreme Court
Appeal from the Circuit Court of* Sangamon county; the Hon. John A. McClebbajsto, Judge, presiding. This was an action of assumpsit,- by Smith against Yocum, in the Sangamon circuit court, on a promissory note made by Yocum to the order of T. W. Barbour for $320, payable in one year, dated March 5, 1868, which had been indorsed over to M. Matteson, and by him to Smith, a few days after its date.
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Appeal from the Circuit Court of* Sangamon county; the Hon. John A. McClebbajsto, Judge, presiding. This was an action of assumpsit,- by Smith against Yocum, in the Sangamon circuit court, on a promissory note made by Yocum to the order of T. W. Barbour for $320, payable in one year, dated March 5, 1868, which had been indorsed over to M. Matteson, and by him to Smith, a few days after its date. On June 8, Smith notified Yocum by mail that he had purchased the note, advising him where he had placed it for payment. March 16, 1869, eleven days after the note was due, Smith, by mail, demanded…
1Opinion of the CourtJustice Thobnton
The note in suit was purchased in good faith by the holder before maturity, and was duly indorsed to him. When the note was signed, a blank space was left between the words “hundred” and “ dollars,” which, it is claimed, was filled by adding the words “ and twenty.” Experts testified that the note was all in the same handwriting, except the signature, and that there was no appearance which would cause a prudent man to suppose that it had been altered. The original note has' been sent up with the record, and ¡there is nothing upon the face of it to indicate that there had been any alteration.
Th…
2Cases cited3 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- Taylor v. AtchisonIllinois Supreme Court · 1870
- Harvey v. SmithIllinois Supreme Court · 1870
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